Forest Thomer was acquitted in November on disorderly conduct charges after he asked people in May 2012 at Sawyer Point if they wanted to "laugh at the crippled girl," a reference to his friend and comedian, Ally Bruener.

The question was not intended to demean Bruener, of Alexandria, but to promote her next comedy show and her allybruener.com website, the two have said.

Attorneys for Thomer filed a lawsuit in U.S. District Court, alleging false arrest, malicious prosecution and civil rights violations.

The lawsuit claims that officers took Thomer's camera as he attempted to film his encounter with police and then broke it.

Two off-duty police officers asked Thomer to leave the park without telling him why, the suit claims.

Thomer was cited May 23 on a disorderly conduct charge alleging that he walked into people and shouted obscenities at them, according to court records. Thomer was asked to stop his behavior but "persisted in yelling and shouting, causing annoyance and alarm to others," according to the complaint.

Thomer insisted that he was just going up to people and asking the question.

Thomer could have been sentenced to up to 30 days in jail if he had had been convicted of the misdemeanor.